RE: [ga] Bulk WHOIS Data Issue

[Jefsey Morfin <jefsey@wanadoo.fr>]

Dear Michael, Mailyn Jeff and all,
are really relevant these discussions on local details and personal 
feelings? We have a case were the US law conflicts with other country's 
laws. The root of Lynn's call.

On 03:21 21/04/02, Michael Froomkin - U.Miami School of Law said:
>Plus, here in Florida we have strong laws prohibiting telemarketing (you
>sign up for a list, and then they may not bug you).
>On Sat, 20 Apr 2002, Cade,Marilyn S - LGA wrote:
> > Jeff, do elaborate on the differences on what is listed in a "white
> > pages" listing and WHOIS.
> > From: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
> >   In any event comparisons of a phone # listing and private information
> > listed in WHOIS data are not really comparable, and therefore making
> > such comparisons is felonious at best.

We are right now facing a simple situation:

- ICANN has confused International services with American control. The 
result is the current mess and its call on International help at proper 
level, ie Govs.
- ITU/T responds with a true internatioinal management solution at Govs 
level. And we are wandering.

The reason why is that neither American control, nor International 
management fits the Intenet. The internet is a people's consensus and as 
such includes the Govs as well as many other organizations, but as users. 
Among the other participating investors, but not above them: part or 
leaders of the @large national Internet communities, not a replacement for 
it. The reaon why is that the Intenet is multinational, at individual level 
(while govs by nature are national/international). This multinational 
aspect is its specific interest. Remove it from the Intenet: you will keep 
a lot of interesting features but you will have killed the soul of the system.

So, we are to convince the goodwilling USG, EEC, ITU/T that the only 
solution is that the real oragnizers of the Internet (physical adressing 
plans, naming spaces and all the other stakehodles) may concert in an 
international Gov approved way. And that they may use this concertation of 
them, with a built-in help of the Govs through the ITU/T,  to dig out their 
consensuses and fight their hijackers.

If we do not succeed in convincing them, the future is clear. The Internet 
will only be a major value added Telco service among others, under the 
control of the local regulation authorities and subject to endless 
stardization committees. Everything by the people will have to be remade. 
And every one, including ATT, MS, SAIC, IBM etc will have wasted a huge 
business opportunity.

If we succeed in having the ITU/T acting only as an host and an equal 
member of a concertation among   every actor really concerned, without them 
having to be a Member of the ITU/T, with a rotating Chair showing that no 
one has the lead, then there are huge developments ahead, for Internet and 
for Telcos supporting the Intenet alike.

The decision IMHO is pending: Govs favor or accept the ITU/T solution. The 
ITU/T is considering how to best tune it. The real problem is Verisign, and 
to some extent MS. No Gov is sure that the current consensus system (they 
obviously see as in tune with the Intenet project and as an help to its 
development) is strong enough to stop Verisign and MS from hijacking the net.

1. IMHO the first reason why is that the ICANN has limited the number of 
opponents in trying to stay exclusive (ICP-3 oddity), probably with ATT and 
others helps confusing statu quo with market share protection. So we have 
to make clear and real that there are several large name spaces that 
Verisign has to deal with : legacy by ICANN, ccNET by the ccTLDs, Govnet 
(gov/mil/edu) by the USG, Newnet, the Open Systems, the ITU/T with the 
telephone/mobile numeric names, many large plans like ISSN, ISBN, TM 
registrations etc... This makes a more serious protection against Verisign 
WLS/Whois fancies and a better help for them to understand where is their 
market and their support.

2. The second reason is the ability of smart people like you, BoD Members, 
Esther, Mike, Joe, Straton, Lynn, Louis, etc. etc. daily implied in the 
nets gouvernance to understand where is the real global common interest. No 
one wants to kill the Internet. I am sure that even Bill Gates and Straton 
Sclavos may understand when they go a step too far and they start spoiling 
their own market rather than developping it. We have to show now that this 
kind of auto-limitation may happen : WLS and Whois are good cases. 
Otherwise no one will believe we are grown enough for this to ever happen 
and no one will take the risk. Also, many will question the reasons of 
Verisign and will feel un secure about their good health if they 
desesperately need such short term sales.

I am sure that most of the Govs will favor a slower, harder, more limited 
development under nations control than a brillant, easy, great development 
... of the Redmond and the Herndon monopolies. And if Bill Gates and 
Starton Sclavos do not understand this is the way the world sees it, we 
have to help them understanding. Frankly we would all prefer to develop 
with them in the years to come, than spending our life figting them.

jfc

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